R v Instan

Facts

Instan lived with her aunt of seventy-three. For the last twelve days the aunt had gangrene, could not move, and could not call for help. Instan gave her no food and fetched no medical help. The aunt died.

Issue

Did the niece owe a legal duty to keep her aunt alive?

Held

Yes. She was convicted of manslaughter. Coleridge CJ said every legal duty is founded on a moral obligation. She was under a duty to give the aunt what was necessary to sustain life.

Principle

A person who has taken on the care of a helpless relative, and who alone knows of the need, can be convicted for failing to act.

Why it matters

It is the relationship and assumption case that Stone and Dobinson later develops.

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